U.S. Visas Archives - Miami Immigration Lawyer - Attorney Martha L. Arias, Esq.

Types of U.S. Visas Explained: A Guide to Family, Work, Student, and Investor Visas

Martha Arias — Thu, 21 May 2026 22:16:02 +0000

U. S. Visa Types Explained: Understanding Your Options

When people contact my office about immigration, one of the first questions they often ask is simple but very important: “What type of visa do I need?”

The answer depends on many factors: why you want to come to the United States, whether you plan to stay temporarily or permanently, whether you have a U.S. citizen or lawful permanent resident family member, whether a U.S. employer is involved, whether you are investing in a business, whether you are coming to study, or whether you are seeking protection for humanitarian reasons.

U.S. immigration law contains many visa categories. Some are temporary. Some may lead to permanent residence. Some are based on family relationships. Others are based on employment, investment, education, humanitarian protection, or special circumstances. The U.S. Department of State explains that the purpose of the intended travel and the facts of the case determine which visa category may be appropriate, and a consular officer determines whether an applicant qualifies under U.S. law.

This article is meant to help you understand the main types of U.S. visas and immigration classifications in plain language. It is not a substitute for legal advice, because every immigration case depends on personal history, eligibility, timing, prior entries, prior immigration violations, criminal history, family facts, and many other details.

Start Here: Are You Looking for a Temporary Visa or a Green Card?

A temporary visa may be appropriate if you want to visit, study, work temporarily, invest temporarily, attend an exchange program, or come for a specific limited purpose.

Adjustment of Status (a.k.a. Green Card) pathway may be appropriate if your goal is permanent residence through family, employment, investment, asylum, refugee status, special immigrant classification, or another eligible category.

This distinction matters because using the wrong visa for the wrong purpose can create immigration problems.

What Is a Visa?

A visa generally allows a foreign national to travel to a U.S. port of entry and request admission for a specific purpose. It does not guarantee entry. U.S. Customs and Border Protection makes the admission decision at the port of entry.

The U.S. Department of State explains that foreign citizens generally need either a non-immigrant visa for a temporary stay or an immigrant visa for permanent residence, unless they qualify for visa-free travel under a specific program.

This difference is very important:

A nonimmigrant visa is usually for a temporary purpose, such as tourism, business visits, study, temporary work, exchange programs, or certain humanitarian protections.

An immigrant visa is for someone who is seeking to become a lawful permanent resident, commonly known as getting a Green Card.

A person can make serious mistakes by applying for the wrong visa, using a visa for the wrong purpose, overstaying, working without authorization, or assuming that a temporary visa automatically creates a path to a Green Card.

Nonimmigrant Visas vs. Immigrant Visas

The first major distinction is whether the person is coming to the United States temporarily or permanently.

A nonimmigrant visa is for a person who seeks to enter the United States for a temporary purpose. Examples include visitor visas, student visas, temporary worker visas, exchange visitor visas, fiancé(e) visas, and certain humanitarian classifications.

An immigrant visa is for a person who intends to live permanently in the United States as a lawful permanent resident. Immigrant visas are commonly connected to family petitions, employment-based petitions, special immigrant categories, refugee or asylee status, and certain humanitarian pathways. USCIS lists major Green Card eligibility categories, including family, employment, special immigrant, refugee or asylee status, human trafficking and crime victims, victims of abuse, registry, and other categories.

This is why choosing the correct category matters. A visitor visa is not the same as a work visa. A student visa is not the same as an immigrant visa. A family petition is not the same as a tourist visa. Each category has its own purpose, rules, limits, procedures, and risks.

Visa Types

Visitor Visas: B-1, B-2, and B-1/B-2
Student Visas: F and M Visas
Exchange Visitor Visas: J Visas
Temporary Worker Visas
H-1B Visas for Specialty Occupations
H-2A and H-2B Temporary Worker Visas
L-1 Visas for Intracompany Transferees
O-1 Visas for Individuals with Extraordinary Ability or Achievement
P and Q Visas for Athletes, Entertainers, and Cultural Exchange
R-1 Religious Worker Visas
TN Visas for Certain Canadian and Mexican Professionals
Investor and Treaty Trader Visas: E-1 and E-2
EB-5 Immigrant Investor Visa
Family-Based Immigrant Visas
Fiancé(e) Visas: K-1
Marriage-Based Green Cards
Employment-Based Immigrant Visas
PERM Labor Certification
Humanitarian Immigration Options
Asylum and Refugee Protection
Temporary Protected Status: TPS
Humanitarian Parole
U Nonimmigrant Status for Victims of Certain Crimes
T Nonimmigrant Status for Victims of Human Trafficking
VAWA Self-Petitions
Special Immigrant Visas and Special Categories
Diversity Visa Program
Adjustment of Status vs. Consular Processing
Visa Bulletin, Priority Dates, and Waiting Times
Change of Status and Extension of Stay
How to Choose the Right Visa Category
Common Mistakes People Make With U.S. Visas
Why Legal Guidance Matters
Frequently Asked Questions About U.S. Visa Types

Visitor Visas: B-1, B-2, and B-1/B-2

Visitor visas are among the most familiar U.S. visa types. They are temporary visas for people who want to come to the United States for business, tourism, medical treatment, or a combination of business and tourism.

The U.S. Department of State explains that B-1 visitor visas are generally for temporary business visitors, B-2 visitor visas are generally for tourism, and B-1/B-2 visas may be issued for a combination of both purposes.

A visitor visa may be appropriate for activities such as attending certain business meetings, tourism, visiting family, receiving medical treatment, or participating in short recreational activities. However, a visitor visa does not normally authorize employment in the United States.

This is one of the most common areas of confusion. Coming to the United States as a visitor does not mean a person may work, enroll in a full academic program, permanently relocate, or remain beyond the authorized stay. A person who enters as a visitor and then misuses that visa can create serious immigration consequences.

A visitor visa should not be used as a substitute for a work visa, student visa, or immigrant visa.

Common B1 & B2 Visa Questions

Can I work in the United States with a tourist visa?

No. A visitor visa is not a work visa. A person who wants to work in the United States generally needs a visa category or immigration status that authorizes employment.

Can I study with a visitor visa?

The Department of State states that a person generally must have a student visa to travel to the United States to study, and may not study after entering on a visitor visa unless eligible and approved for a change of status by USCIS, with limited exceptions for recreational, non-credit study as part of a tourist visit.

Can a visitor visa lead to a Green Card?

Sometimes a person who is lawfully in the United States may later become eligible for adjustment of status, but this depends on the facts of the case. A visitor visa should not be used as a shortcut to avoid the proper immigrant visa process.

Review Business Visa Options

Student Visas: F and M Visas

Student visas are for people who want to come to the United States for education. The Department of State explains that students generally need an F visa or M visa to study in the United States, and that students and exchange visitors must be accepted by their schools or program sponsors before applying for the visa.

The F visa is generally for academic students. The M visa is generally for vocational students. USCIS also identifies the F category for academic students and the M category for vocational students.

A student visa can be a valuable opportunity, but it comes with responsibilities. Students must maintain their status, follow the rules of their program, and be careful with employment limitations. Unauthorized work, failure to maintain enrollment, or remaining after status ends can create serious immigration problems.

Common student visa questions

What is the difference between an F visa and an M visa?

An F visa is generally for academic study, while an M visa is generally for vocational study. The correct category depends on the type of school and program.

Can a student work in the United States?

Some students may qualify for limited work authorization or practical training, but the rules depend on the visa category, school authorization, USCIS rules, and the student’s circumstances. A student should not assume that all employment is allowed. Students should confirm authorization through their school and/or USCIS before accepting employment.

Can a student change status?

USCIS explains that a person may apply to change nonimmigrant status if they were lawfully admitted, their status remains valid, they have not violated the conditions of status, and they are not otherwise barred from changing status.

Exchange Visitor Visas: J Visas

The J-1 exchange visitor visa is for people approved to participate in exchange visitor programs in the United States. The Department of State explains that J visas are nonimmigrant visas for individuals approved to participate in exchange visitor programs, and that the J-1 category is for educational and cultural exchange programs designated by the Department of State.

J visa programs may include students, scholars, professors, teachers, research scholars, interns, trainees, physicians, au pairs, camp counselors, and other exchange participants depending on the approved program.

Some J visa holders may be subject to a two-year home-country physical presence requirement. This can affect whether the person may later change status, receive certain visas, or apply for permanent residence without first satisfying the requirement or receiving a waiver.

Common J visa questions

Is a J visa only for students?

No. The J visa is for exchange visitors and may include different types of participants, not only students.

Can a J visa lead to another immigration option?

Possibly, but the person’s specific program, immigration history, and whether a two-year home residency requirement applies must be reviewed carefully.

Temporary Worker Visas

Many people come to the United States for temporary work through nonimmigrant worker classifications. USCIS explains that temporary nonimmigrant worker classifications allow foreign nationals to come to the United States temporarily to perform services or labor, and these classifications may include categories such as H, L, O, P, Q, R, E, and TN. Some student classifications may allow limited employment authorization in specific situations, but F and M visas should be discussed separately as student visas.

USCIS also explains that Form I-129 is used by petitioners to file on behalf of a nonimmigrant worker coming temporarily to perform services or labor, or to receive training.

Temporary worker visas usually involve a U.S. employer, a qualifying job, a petition, a specific classification, and strict rules about what the person may do in the United States. A worker should not begin employment until the correct authorization is in place.

H-1B Visas for Specialty Occupations

The H-1B classification is one of the best-known temporary worker categories. USCIS explains that H-1B applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense cooperative research and development project, or services as a fashion model of distinguished merit and ability.

In practical terms, many H-1B cases involve professional positions that require a specific type of degree or specialized knowledge. However, H-1B eligibility is not automatic just because someone has a degree. The job, the employer, the offered position, wage requirements, timing, cap issues, and the worker’s qualifications must all be reviewed.

Common H-1B questions

Is H-1B only for technology jobs?

No. H-1B is not limited to technology. It may apply to different specialty occupations, depending on the job requirements and the worker’s qualifications.

Does every H-1B petition go through a lottery?

Many cap-subject H-1B cases are affected by the annual cap process, but some employers or positions may be cap-exempt. This should be reviewed before planning a case.

Can H-1B lead to a Green Card?

In some cases, yes. H-1B is often used by workers and employers who later pursue employment-based permanent residence, but the permanent residence process is separate and must be planned carefully.

Explore Specialty Occupation Visas

H-2A and H-2B Temporary Worker Visas

The H-2A and H-2B categories are temporary worker classifications for certain employers with temporary labor needs. DHS has explained that the H-2A and H-2B programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs.

The H-2B program is for temporary nonagricultural workers. USCIS explains that the H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs.

H-2B is also subject to a numerical cap. USCIS states that Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers beginning employment in the first half of the fiscal year and 33,000 for workers beginning employment in the second half.

These categories can be useful for seasonal, temporary, peak-load, or intermittent needs, but they require careful planning by employers. The timing, recruitment, labor needs, job description, eligible countries, and compliance obligations matter.

Explore H-2B Employer Options

L-1 Visas for Intracompany Transferees

The L-1 category is often used by companies that need to transfer certain employees from a foreign office to a related U.S. office. It may involve executives, managers, or employees with specialized knowledge.

Although this article is a general overview, L-1 cases often require detailed documentation showing the relationship between the foreign and U.S. companies, the employee’s prior qualifying employment abroad, the U.S. role, and whether the position fits the legal requirements.

For business owners, executives, and companies expanding into the United States, the L-1 classification can be an important option, but it should not be treated casually. Corporate documents, payroll records, job duties, office operations, and business plans may become important.

Explore Intracompany Transfer Options

O-1 Visas for Individuals with Extraordinary Ability or Achievement

The O-1 category may be available for individuals with extraordinary ability or achievement in certain fields. This type of visa is often discussed by artists, entrepreneurs, scientists, educators, athletes, business professionals, and people in the motion picture or television industry.

An O-1 case is evidence-driven. The question is not simply whether the person is talented. The question is whether the person can document eligibility under the required legal criteria.

For many people, the challenge is not the lack of accomplishments. The challenge is organizing those accomplishments into a legally persuasive case with strong evidence.

Review O-1 Visa Services

P and Q Visas for Athletes, Entertainers, and Cultural Exchange

The U.S. visa system also includes classifications for certain athletes, entertainers, performers, artists, and cultural exchange participants. These categories can be useful for tours, performances, competitions, entertainment groups, culturally unique programs, and exchange-based cultural programs.

The correct category depends on the nature of the performance, the group or individual role, the itinerary, the sponsoring organization, and the evidence available.

R-1 Religious Worker Visas

The R-1 category may be available for certain religious workers coming temporarily to the United States to work for a qualifying religious organization.

R-1 cases require careful review of the religious organization, the offered role, the applicant’s qualifications, and the relationship between the person and the religious denomination or organization.

TN Visas for Certain Canadian and Mexican Professionals

The TN classification is connected to the United States-Mexico-Canada Agreement. USCIS explains that the TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.

TN can be an important option for certain professionals, but it is limited by nationality, profession, qualifications, and the specific job offered. It should not be assumed that every professional job qualifies.

Investor and Treaty Trader Visas: E-1 and E-2

Investor and business-related visas are especially important for foreign nationals who want to develop business activity in the United States.

The E-1 treaty trader category generally relates to substantial trade between the United States and the treaty country. The E-2 treaty investor category generally relates to investment in a real and operating U.S. enterprise by a national of a treaty country.

USCIS includes E-1 and E-2 among temporary nonimmigrant worker classifications.

These categories are treaty-based, meaning nationality matters. Not every country qualifies. The business must also be reviewed carefully. An E-2 case, for example, is not simply about having money. The investment, source of funds, business operations, ownership, risk, and development plan can all matter.

Common E-2 investor visa questions

Is there one fixed minimum investment amount for E-2?

There is no single universal amount that fits every case. The investment must be evaluated in relation to the business, the cost of the enterprise, and the evidence.

Can an E-2 visa lead directly to a Green Card?

E-2 is a nonimmigrant classification. Some investors later explore immigrant options, but E-2 itself is not automatically a Green Card.

Can my family come with me on an E-2?

Spouses and children may have derivative options, depending on eligibility and the rules for the category.

Review Investor Visa Options

EB-5 Immigrant Investor Visa

The EB-5 category is different from E-2 because EB-5 is an immigrant investor pathway that can lead to lawful permanent residence if the legal requirements are satisfied.

The Department of State explains that employment-based immigrant visas are divided into five preference categories, and certain spouses and children may accompany or follow to join employment-based immigrants.

As known as “Investor Visa”, EB-5 is part of the employment-based immigrant visa system. It is a complex area involving investment amount, lawful source of funds, job creation, timing, regional center or direct investment issues, and visa availability. It is not a simple “buy a Green Card” program. It requires careful legal and financial documentation.

USCIS states that the EB-5 Immigrant Investor Program allows investors, and their spouses and unmarried children under 21, to apply for lawful permanent residence if they make the required investment in a commercial enterprise in the United States and plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

EB-5 generally requires a qualifying investment in a new commercial enterprise and job creation. The investment amount, source of funds, project structure, and visa availability must be reviewed carefully.

Common EB-5 questions

Is the EB-5 a temporary visa or permenant visa?

No. EB-5 is an immigrant category connected to permanent residence.

Is it the same as E-2?

No. E-2 is a temporary treaty investor classification. EB-5 is an immigrant investor category that may lead to a Green Card if all requirements are met.

Does EB-5 require detailed financial documentation?

Yes. EB-5 cases commonly require detailed evidence regarding the investment, source of funds, and compliance with program requirements.

Explore EB-5 Investor Visa Options

Contact us today with your immigration questions.

With a passion for immigration law and a commitment to client advocacy, Martha L. Arias, Esq. provides the expert legal representation for U.S. citizenship, employment and business visas, specialized on investor visas, green card petitions, deportation defense, and more. Schedule a consultation with Martha today to discuss your immigration needs.

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Family-Based Immigrant Visas

Family immigration is one of the most common ways people seek permanent residence in the United States. The Department of State explains that family-based immigration includes Immediate Relative visas based on close family relationships with U.S. citizens, such as spouse, child, or parent, and Family Preference visas for specific more distant family relationships with U.S. citizens and certain relationships with lawful permanent residents.

This distinction is very important because immediate relative categories are not numerically limited in the same way as family preference categories. The Department of State’s glossary explains that immigration for immediate relatives is unlimited, while family and employment preference categories are limited and distributed through visa numbers according to preference and priority date.

Immediate relative categories

Immediate relative immigrant visa categories may include spouses of U.S. citizens, unmarried children under 21 of U.S. citizens, and parents of U.S. citizens if the U.S. citizen petitioner is at least 21 years old. The Department of State’s immigrant visa symbols list includes IR-1 for a spouse of a U.S. citizen, IR-2 for a child of a U.S. citizen, and IR-5 for a parent of a U.S. citizen at least 21 years old.

Family preference categories

Family preference categories may include unmarried adult sons and daughters of U.S. citizens, spouses and children of lawful permanent residents, unmarried adult sons and daughters of lawful permanent residents, married sons and daughters of U.S. citizens, and brothers and sisters of adult U.S. citizens. USCIS lists family preference categories including F1, F2A, F2B, F3, and F4.

Family immigration is not only about filing a form. It requires proving the qualifying relationship, choosing the correct process, reviewing admissibility, checking prior immigration history, and understanding whether the person may apply inside the United States or must process through a U.S. consulate abroad.

Explore Family Immigration Options

Fiancé(e) Visas: K-1

The K-1 fiancé(e) visa is for a foreign fiancé(e) of a U.S. citizen who intends to come to the United States to marry the U.S. citizen petitioner. The Department of State’s visa category directory lists the K-1 category for a fiancé(e) coming to marry a U.S. citizen and live in the United States. K-1 is only for the fiancé(e) of a U.S. citizen, not the fiancé(e) of a lawful permanent resident.

A K-1 case must be handled carefully because it involves both the relationship and the future immigration process after marriage. It is not the same as a spouse immigrant visa. The couple must understand the timing, marriage requirement, adjustment of status process, and evidence needed.

K-1 vs. marriage-based immigrant visa

A K-1 is generally for a fiancé(e) of a U.S. citizen before the marriage takes place in the United States. A marriage-based immigrant visa is generally for a spouse after the marriage already exists.

Choosing between these paths depends on the couple’s situation, timing, location, immigration history, and goals.

The K-1 fiancé(e) visa is available only for the fiancé(e) of a U.S. citizen, not the fiancé(e) of a lawful permanent resident.

Marriage-Based Green Cards

A marriage-based immigration case may involve a U.S. citizen spouse or a lawful permanent resident spouse. The process may involve adjustment of status inside the United States or consular processing abroad.

The Department of State explains that if a lawful permanent resident filed for a spouse and later becomes a U.S. citizen, the petition may be upgraded from family second preference to immediate relative by sending proof of U.S. citizenship to the National Visa Center.

Marriage-based cases require evidence that the marriage is real and not entered into only for immigration benefits. Common evidence may include shared residence, financial documents, photographs, communications, children, insurance, taxes, travel records, and other proof of the couple’s life together.

Common marriage-based immigration questions

Is a marriage certificate enough?

No. A marriage certificate proves that a legal marriage exists, but immigration officers may also review whether the marriage is bona fide.

Can a spouse apply inside the United States?

Possibly. USCIS explains that adjustment of status is the process used to apply for lawful permanent resident status without leaving the United States. Eligibility depends on the person’s facts.

What if the spouse is outside the United States?

Consular processing may be used when a person is outside the United States or is not eligible to adjust status. USCIS explains that consular processing is a method of applying for a Green Card through the Department of State when outside the United States or when ineligible to adjust status.

Review Marriage Immigration Services

Employment-Based Immigrant Visas

Employment-based immigrant visas are for people seeking permanent residence based on employment, professional ability, investment, special immigrant categories, or other employment-related eligibility.

The Department of State states that approximately 140,000 employment-based immigrant visas are made available each fiscal year, and that employment-based immigrant visas are divided into five preference categories.

USCIS explains that U.S. immigration law provides a variety of ways to become a lawful permanent resident through employment in the United States.

Employment-based Green Card categories often include:

EB-1: Priority workers, which may include certain persons with extraordinary ability, outstanding professors and researchers, and certain multinational executives or managers.

EB-2: Professionals with advanced degrees or exceptional ability, including some cases involving a National Interest Waiver.

EB-3: Skilled workers, professionals, and other workers.

EB-4: Certain special immigrants. USCIS explains that a person may be eligible for EB-4 if they are a special immigrant.

EB-5: Immigrant investors.

Employment-based immigration can be highly valuable, but it is also technical. Some cases require employer sponsorship. Some require labor certification. Some may allow self-petitioning. Some depend on the Visa Bulletin. Some require extensive evidence of ability, job offer, business activity, or national interest.

Explore Employment-Based Services

PERM Labor Certification

PERM labor certification is commonly connected to certain employment-based Green Card cases. In many employer-sponsored cases, the employer must complete a labor certification process before filing an immigrant petition.

PERM is not itself a visa. It is part of the process for certain employment-based immigrant cases. Employers and workers should understand that PERM involves recruitment, prevailing wage issues, job requirements, timing, and documentation.

Because PERM errors can delay or damage a case, it is important for employers to plan carefully before beginning recruitment or making changes to the job description.

PERM is generally the employer’s process, not the employee’s filing. The Department of Labor states that filing applications is the responsibility of the employer, although the employee may benefit from understanding the process.

Review PERM Labor Certification Services

Humanitarian Immigration Options

Not every immigration option is based on tourism, family, study, work, or investment. Some immigration protections exist for people facing danger, abuse, trafficking, crime victimization, or other serious humanitarian circumstances.

USCIS has a humanitarian section covering topics such as refugees and asylum, Temporary Protected Status, humanitarian parole, victims of human trafficking and other crimes, VAWA protections, and other humanitarian programs.

Some humanitarian protections are visas or nonimmigrant statuses. Others are not technically visas, but they are often discussed by the public as immigration “options.” It is important to use the correct term because each benefit has different rules.

Asylum and Refugee Protection

USCIS identifies asylum under refugees and asylum humanitarian protections.

Asylum and refugee protection are for people who fear persecution based on specific protected grounds. Asylum is generally requested by people who are already in the United States or at a port of entry. Refugee processing generally occurs outside the United States.

Asylum is not the same as a tourist visa, work visa, or family visa. It is a protection-based immigration process. A person seeking asylum must be prepared to explain the facts, submit evidence, and meet legal requirements.

Asylum cases can be sensitive and complex. They may involve deadlines, prior entries, one-year filing issues, changed circumstances, family derivatives, work authorization questions, interview preparation, and immigration court proceedings.

Asylum deadlines, including the one-year filing deadline and possible exceptions, should be reviewed carefully.

Understand Political Asylum Options

Temporary Protected Status: TPS

Temporary Protected Status, commonly known as TPS, may be designated for nationals of certain countries when conditions temporarily prevent safe return, such as armed conflict, environmental disaster, or other extraordinary and temporary conditions.

USCIS confirms that the Secretary of Homeland Security may designate a foreign country for TPS due to conditions that temporarily prevent nationals from returning safely or when the country cannot handle return adequately.

TPS is not the same as a visa, and it is not automatically a Green Card. It may provide temporary protection and employment authorization for eligible nationals of designated countries, but each country designation has specific rules, dates, and requirements.

Because TPS changes by country and by government designation, people should always check current official information before applying, renewing, traveling, or making long-term plans.

Check TPS Options

Humanitarian Parole

Humanitarian parole may allow certain individuals to enter the United States temporarily for urgent humanitarian reasons or significant public benefit. It is not the same as a visa and does not automatically provide permanent residence.

USCIS has a humanitarian section covering refugees and asylum, TPS, humanitarian parole, victims of trafficking and crime, abused spouses/children/parents, and other protections.

Humanitarian parole cases require careful evidence. The applicant should be ready to explain the emergency or public benefit, why parole is needed, and what supporting documentation exists.

A parole grant is usually temporary and does not erase other immigration issues. People who receive parole should get legal guidance about what options may exist afterward.

Understand Humanitarian Parole Options

Martha L. Arias, Esq.
Immigration Law Attorney

Contact us today with your U.S. Visa related questions.

With a passion for immigration law and a commitment to client advocacy, Immigration Law Attorney Martha L. Arias provides the experienced legal representation for U.S. citizenship, employment and business visas, specialized on investor visas, green card petitions, deportation defense, and more. Schedule a consultation with the attorney today to discuss your immigration needs.

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U Nonimmigrant Status for Victims of Certain Crimes

The U nonimmigrant status is for certain victims of qualifying criminal activity who meet legal requirements and who have been helpful, are being helpful, or are likely to be helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.

USCIS identifies U nonimmigrant status under its page for victims of criminal activity.

U cases are sensitive. They may involve police reports, certifications, personal declarations, injury evidence, cooperation with law enforcement, and family derivative issues.

Is U status a Green Card?

U nonimmigrant status is not immediately a Green Card. However, some people with U status may later become eligible to apply for permanent residence if they meet the requirements.

T Nonimmigrant Status for Victims of Human Trafficking

The T nonimmigrant status is for certain victims of a severe form of trafficking in persons. USCIS explains that T nonimmigrant status is a temporary immigration benefit that enables certain victims of severe trafficking to remain in the United States for an initial period of up to four years, if they have complied with reasonable requests from law enforcement for assistance in detecting, investigating, or prosecuting trafficking, unless they qualify for an exemption or exception.

T cases are often deeply personal and should be handled with care. They may involve trauma, safety concerns, law enforcement issues, evidence of trafficking, and derivative family members.

VAWA Self-Petitions

The Violence Against Women Act, commonly known as VAWA, may allow certain abused spouses, children, and parents of U.S. citizens or lawful permanent residents to seek immigration benefits without the abuser’s knowledge, consent, or participation. USCIS explains that Congress created protections under VAWA for certain noncitizens who have been battered or subjected to extreme cruelty.

VAWA is not only for women. Despite the name, eligible men, women, and children may seek protection if they meet the requirements.

These cases should be handled confidentially and carefully. Evidence may include personal declarations, police reports, medical records, counseling records, photographs, affidavits, financial records, immigration documents, and other proof depending on the facts.

Special Immigrant Visas and Special Categories

Some immigration options exist for special groups. These may include certain religious workers, certain employees of international organizations, certain juveniles, certain Afghan or Iraqi nationals who worked with the U.S. government, and other categories created by law.

USCIS explains that many special immigrants apply for adjustment under the employment-based fourth preference, EB-4, immigrant category. Some special immigrant categories are subject to special rules, expiration dates, or program-specific limits, so current eligibility should be confirmed before filing.

Special immigrant cases are highly category-specific. A person should not assume eligibility simply because the category sounds similar to their background. Each special immigrant classification has its own requirements.

Diversity Visa Program

The Diversity Visa Program is another immigrant visa pathway administered through the Department of State. It is commonly called the visa lottery. It is available only to people from eligible countries who meet education or work experience requirements and are selected through the official process.

A person selected in the Diversity Visa Program still must be eligible for the visa and complete the required process. Selection does not guarantee approval.

Because fraud is common in this area, applicants should rely only on official government instructions and should be careful with any person or website asking for money in exchange for guaranteed selection.

Applicants should use only official Department of State instructions for the Diversity Visa Program.

Adjustment of Status vs. Consular Processing

Many immigration cases eventually raise an important question: Can the person apply inside the United States, or must the person process through a U.S. consulate abroad?

USCIS explains that if someone is eligible to apply for a Green Card, they must then determine which process to use: adjustment of status or consular processing.

Adjustment of Status is the process of applying for lawful permanent resident status from inside the United States. USCIS explains that adjustment of status allows a person to apply for a Green Card without leaving the country.

Consular processing is commonly used when a person is outside the United States or is not eligible to adjust status. USCIS explains that consular processing is the method immigrants use to get a Green Card when outside the United States or when ineligible to adjust status inside the United States.

This choice can affect timing, risk, travel, waivers, interviews, and legal strategy. It should be reviewed carefully before filing.

Visa Bulletin, Priority Dates, and Waiting Times

Some immigrant categories have yearly numerical limits. When a visa category is limited, a person may have to wait until a visa number is available.

The Department of State publishes the Visa Bulletin, which summarizes the availability of immigrant numbers and includes “Final Action Dates” and “Dates for Filing Applications.” The May 2026 Visa Bulletin explains that it summarizes immigrant number availability for that month and indicates when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

USCIS explains that visa availability and priority dates are important for prospective immigrants, and that a priority date is generally the date the relative or employer properly filed the immigrant visa petition on behalf of the person.

The Visa Bulletin changes. That means people should not rely on old information, old articles, or advice from someone whose case happened years ago. The correct analysis depends on the current Visa Bulletin, the category, the country of chargeability, the priority date, and whether USCIS allows use of the Dates for Filing chart or Final Action Dates chart for adjustment of status that month. USCIS publishes a monthly adjustment of status filing chart page for this purpose.

Change of Status and Extension of Stay

Some people enter the United States in one nonimmigrant status and later want to change to another. Others want to extend their stay.

USCIS explains that a person may apply to change nonimmigrant status if they were lawfully admitted, their nonimmigrant status remains valid, they have not violated the conditions of status, and they are not otherwise barred from changing status.

USCIS also explains that extension of stay requests are generally filed on Form I-129 or Form I-539, depending on the classification and circumstances.

A change of status is not always the same as receiving a new visa stamp. This distinction matters for travel. A person who changes status inside the United States may still need to apply for the correct visa at a U.S. consulate before returning after international travel.

How to Choose the Right Visa Category

Choosing the right visa category requires more than matching a person to a list. It requires a full review of the person’s goals, facts, risks, and long-term plans.

A good visa analysis usually begins with these questions:

What is the purpose of coming to the United States?
Tourism, study, employment, investment, family reunification, protection, or permanent residence may each lead to different options.

Is the goal temporary or permanent?
A temporary visa is not the same as an immigrant visa. Misusing a temporary visa for a permanent purpose may create problems.

Is there a qualifying family member?
A U.S. citizen spouse, parent, adult child, or sibling may create different options than a lawful permanent resident family member.

Is there a U.S. employer?
Some work visas require a U.S. employer or petitioner. Some immigrant options may require labor certification or a job offer.

Is the person an investor or business owner?
E-2, E-1, L-1, and EB-5 may be relevant in different circumstances, but they are not interchangeable.

Is the person already in the United States?
Status, entry history, unlawful presence, prior removals, and eligibility to adjust status can change the strategy.

Has the person ever overstayed, worked without authorization, been denied a visa, or had contact with immigration court?

These facts can affect eligibility and may require waivers or a different legal approach.

Is protection needed?
Asylum, TPS, humanitarian parole, U, T, or VAWA may apply in certain humanitarian situations, but each has specific requirements.

Common Mistakes People Make With U.S. Visas

Many immigration problems begin with misunderstandings. Some of the most common mistakes include:

Using a visitor visa for the wrong purpose.
A visitor visa is not a work visa, student visa, or immigrant visa.

Assuming a visa guarantees entry.
A visa allows a person to request admission, but entry is still reviewed at the port of entry.

Overstaying without understanding the consequences.
Overstays can create serious problems, especially when leaving the United States or later applying for another benefit.

Working without authorization.
Unauthorized employment can affect future applications and should never be treated lightly.

Filing the wrong form or wrong category.
A wrong filing can waste time, money, and sometimes create avoidable risks.

Ignoring the Visa Bulletin.
For many family and employment categories, visa availability matters.

Confusing parole, TPS, asylum, and visas.
These are different protections with different legal effects.

Relying on someone else’s case.
Immigration cases are personal. Two people from the same country with similar goals may have very different legal options.

Why Legal Guidance Matters

Immigration law is not only about forms. It is about strategy, eligibility, timing, evidence, and risk.

A person may qualify for more than one option. Another person may appear to qualify but have a hidden issue that needs to be addressed first. A family may need to decide between consular processing and adjustment of status. An investor may need to decide whether E-2, L-1, or EB-5 fits the long-term goal. A student may need to protect status before changing plans. A person in danger may need humanitarian protection instead of a traditional visa.

The right immigration strategy should be based on the facts, not assumptions.

Frequently Asked Questions About U.S. Visa Types

What is the difference between a visa and a Green Card?

A visa generally allows a foreign national to request entry to the United States for a specific purpose. A Green Card gives lawful permanent resident status. Some visas are temporary, while immigrant visas are connected to permanent residence.

What is a nonimmigrant visa?

A nonimmigrant visa is generally for a temporary stay in the United States. Examples include visitor visas, student visas, exchange visitor visas, temporary worker visas, and certain humanitarian classifications.

What is an immigrant visa?

An immigrant visa is for a person seeking to live permanently in the United States as a lawful permanent resident. Common immigrant visa categories include family-based, employment-based, investor-based, and special immigrant categories.

Which visa is best for visiting family in the United States?

A B-2 visitor visa may be appropriate for temporary tourism or family visits, depending on the facts. However, a visitor visa should not be used to live permanently, work, or study full-time in the United States.

Which visa is best for working in the United States?

There is no single work visa for everyone. Possible categories may include H-1B, H-2A, H-2B, L-1, O-1, P, R-1, TN, E-1, E-2, or other classifications depending on the job, employer, nationality, qualifications, and purpose.

Can I work with a tourist visa?

No. A tourist visa does not generally authorize employment in the United States. Working without authorization can create serious immigration consequences.

Can I study with a tourist visa?

Generally, a person needs an F or M student visa to study in the United States. Recreational, non-credit study may be allowed as part of a tourist visit, but full academic or vocational study usually requires the correct student visa.

What visa do I need to start a business in the United States?

Possible options may include E-2, E-1, L-1, EB-5, or other categories depending on nationality, investment, business structure, ownership, source of funds, and long-term immigration goals.

Is E-2 the same as EB-5?

No. E-2 is a temporary treaty investor classification. EB-5 is an immigrant investor category that may lead to lawful permanent residence if the requirements are met.

Can a U.S. citizen petition for a spouse?

Yes. A U.S. citizen may petition for a qualifying spouse. The case may involve adjustment of status or consular processing depending on where the spouse is located and whether the spouse is eligible.

Can a lawful permanent resident petition for a spouse?

Yes. A lawful permanent resident may petition for a spouse, but the category and timing may differ from a petition filed by a U.S. citizen. If the petitioner later becomes a U.S. citizen, the case may be upgraded with proper proof.

What is the Visa Bulletin?

The Visa Bulletin is published by the U.S. Department of State and shows immigrant visa availability for numerically limited categories. It includes Final Action Dates and Dates for Filing Applications.

What is a priority date?

A priority date is generally the date when the family member or employer properly filed the immigrant visa petition. The priority date helps determine a person’s place in line for a numerically limited immigrant visa category.

What is adjustment of status?

Adjustment of Status is the process of applying for lawful permanent resident status from inside the United States, if the person is eligible.

What is consular processing?

Consular processing is the process of applying for an immigrant visa through the Department of State, usually when the person is outside the United States or cannot adjust status inside the United States.

Is TPS a visa?

No. Temporary Protected Status is not the same as a visa. It is a temporary protection for eligible nationals of designated countries, subject to specific rules and dates.

Is asylum a visa?

No. Asylum is a protection-based immigration process, not a traditional visa. It may eventually lead to permanent residence if the person qualifies and completes the required process.

What is a U visa?

The public often calls it a U visa, but USCIS refers to it as U nonimmigrant status. It is for certain victims of qualifying criminal activity who meet the legal requirements.

What is a T visa?

The public often calls it a T visa, but USCIS refers to it as T nonimmigrant status. It is for certain victims of a severe form of human trafficking who meet the legal requirements.

Can I change from one visa status to another inside the United States?

Sometimes. USCIS explains that a person may apply to change status if they were lawfully admitted, their current status remains valid, they have not violated status, and they are not otherwise barred.

Should I apply for a visa before speaking with an attorney?

It is often wise to get legal guidance before filing, especially if you have prior denials, overstays, unlawful presence, criminal history, immigration court history, prior removal orders, complicated family facts, or business/investment plans.

Disclaimer:
This article is provided for general informational and educational purposes only. It is not legal advice and should not be relied upon as legal advice for any individual case. Immigration laws, visa categories, eligibility requirements, government filing fees, processing times, visa availability, and agency policies may change at any time. Every immigration case depends on its own facts, including immigration history, family relationships, employment background, prior entries, prior applications, criminal history, admissibility issues, and other personal circumstances. Reading this article or contacting Arias Villa Law does not create an attorney-client relationship unless and until a formal agreement for legal representation is signed. For guidance about your specific situation, you should consult with a qualified immigration attorney.

Martha L. Arias, Esq.
Immigration Law Attorney

Experienced Immigration Law Attorney

For professional and dedicated immigration legal services, reach out to our immigration attorney Martha Arias and her team at Arias Villa, PLLC. Schedule your consultation today and let us help you achieve your immigration goals.

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The post Types of U.S. Visas Explained: A Guide to Family, Work, Student, and Investor Visas appeared first on Miami Immigration Lawyer - Attorney Martha L. Arias, Esq..

Humanitarian Parole Resumes for Certain Nationalities Amid Confusing New Restrictions

Martha Arias — Wed, 11 Jun 2025 17:39:52 +0000

This morning on Noticias 990 AM, I had the opportunity to discuss the latest developments affecting beneficiaries of Humanitarian Parole and recent travel restrictions to the United States.

USCIS has lifted the suspension on pending Humanitarian Parole applications for Cubans, Haitians, Nicaraguans, and Venezuelans. This means cases that were already filed before the program ended may now proceed, though new applications are not being accepted. However, the overall situation remains confusing: while those abroad may be able to enter if their parole is approved, the program remains terminated for those already inside the United States.

I explained that every case is different. Some people may continue their asylum processes, others may be eligible for residency through the Cuban Adjustment Act, while others without options may face risks of unlawful presence and even deportation. I also described the challenges in seeking bonds for detained asylum seekers, as prosecutors often argue that “bare-bones” or weak asylum claims present a risk for absconding.

We also discussed new travel restrictions affecting countries such as Cuba and Venezuela. People from these countries with visas issued before June 9 can still enter, but those with visas issued after that date cannot. There are strict exceptions, but immediate relatives of U.S. citizens, as well as green card holders, are still eligible to enter.

If you have questions about your immigration status or need personalized guidance, my office is here to help. Call us at 305-671-0018.

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SPANISH TRANSCRIPT:

Eduardo:
Amigas, amigos, vamos a hablar en esta parte de Noticias 990 de inmigración. Hemos invitado precisamente a la abogada Martha Arias, especialista en inmigración. Abogada Arias, buenos días. Gracias por estar con nosotros. Muchísimas gracias por atender nuestra llamada. Uno de los temas de inmigración por estas horas tiene que ver con el Parol Humanitario. La administración, el gobierno ha reanudado los trámites para los beneficiarios del Parol. El Departamento de Inmigración y Ciudadanía, USCIS, ha levantado la suspensión sobre las solicitudes de Parol Humanitario que benefician a cubanos, haitianos, nicaragüenses y venezolanos. ¿Cuál es el impacto de esta medida? ¿Qué esperan ustedes, abogados de inmigración, que suceda en los próximos días?

Abogada Martha Arias:
Sí, efectivamente. Gracias, Eduardo. Lo que está pasando es que una juez ordenó que se reanude el trámite de esas peticiones de parol que ya habían presentado las personas, estaban en proceso cuando se terminó ese parol humanitario por parte de la nueva administración. Entonces, el proceso debe reanudarse para llegar a una decisión.
Sin embargo, hay una petición, por ejemplo, si la persona apenas va a aplicar para la I-134A, que es el affidavit de soporte que presenta ese sponsor o ese patrocinador, esas peticiones sí no se van a procesar, las nuevas. Es decir, son peticiones que ya están pendientes al momento que se terminó el parol. Esas son las que tengo entendido que se van a comenzar o se van a reanudar el procesamiento.

Aaron:
¿Se puede saber en cuánto tiempo se van a procesar, abogada, estas peticiones?

Abogada Martha Arias:
No, no sabemos en cuánto tiempo. Lo que sí dice el comunicado es que se va a seguir el proceso regular de investigación porque usted sabe que cada proceso tiene una investigación donde se revisan antecedentes penales, se revisa todos los antecedentes de las personas en todas partes del mundo. Entonces, no sabemos cuánto va a ser el tiempo, pero pues sí sabemos que dijeron que va a ser una investigación de cada caso.

Aaron:
Mientras tanto, ¿esta gente está protegida, tiene que tomar alguna medida especial, abogada, por cualquier eventualidad?

Abogada Martha Arias:
Bueno, acuérdense que estos son procesamientos de peticiones de parol de personas que están fuera de los Estados Unidos. Es este parol humanitario para que ellos entren a los Estados Unidos. O sea que estas personas están fuera del país. El parol, por eso es que es confuso. El parol humanitario lo terminó el Departamento de Seguridad Nacional y fue apelado, hubo una pausa. Después la Corte Suprema el 30 de mayo dijo que el presidente sí tenía la autoridad o el Ejecutivo de terminarlo y el juicio continúa. Pero lo que es el parol humanitario en sí para esas personas que están aquí dentro de los Estados Unidos, incluso que se les vencía a finales de año, el año entra, esto sigue terminado. Por eso es que es confuso. Está terminado para los que están aquí, pero entonces van a procesar los casos de los que están apenas para entrar. Como que no tiene mucho sentido para mí, por lo menos no tiene lógica. Porque vamos a suponer que a un cubano o un venezolano le aprueben este parol. Entonces apenas entre, ¿qué va a quedar, terminado apenas entre? O sea, serviría no más para el propósito de entrar, pero después una vez aquí no va a estar activo. Es un poquito, me parece, contradictorio. Todo es confuso porque no le veo la lógica a esto.

Eduardo:
Ahora, ante esta confusión, abogada, ¿qué pasa con aquellos que usted menciona que están aquí adentro, que el parol ya no está activo para ellos? ¿Hay alternativas? ¿Qué es lo que usted le recomienda en la oficina?

Abogada Martha Arias:
Bueno, cada caso es distinto. Por ejemplo, yo tengo clientes que tienen un asilo pendiente y pueden continuar con este caso de asilo. No van a incurrir en presencia ilegal porque ese asilo los protege para no incurrir en presencia ilegal, tienen permiso de trabajo. Ese es un grupo de personas.
Hay otro grupo de personas que, por ejemplo, son cubanos, entonces ya completaron el año y un día o están a punto de completar el año y un día y pueden aplicar entonces a su residencia a través del Ajuste Cubano.
Hay otro grupo de personas que no tienen nada, ni asilo, ni TPS del 2021, que es el que está vigente este septiembre, no tienen peticiones familiares. Esas son las personas que están en un peligro porque esas personas sí están incurriendo en presencia ilegal y pues pueden ser sujetas a una detención y a una deportación.
Hay otro grupo de personas que se casaron con ciudadano americano o con residentes y esas personas están en proceso de residencia a través de sus peticiones. Esas también están protegidas por esa petición de residencia que está en trámite.
Entonces, como usted ve, los casos son distintos dependiendo de cada persona. Yo en mi oficina he aconsejado a los que, por ejemplo, le doy un ejemplo, un caso de una pareja. Él entró con el parol humanitario, la esposa es residente, no ciudadana, y lo pidió. Y la petición está más o menos a unos seis meses de salir. Esa persona decidió inteligentemente salir del país para no incurrir en presencia ilegal y no dañar su petición de residencia a través de la esposa. Esa persona va a salir y va a continuar su procesamiento consular. También, tal vez tenga que estar alejado seis meses, un año de su familia, pero la esposa puede viajar a visitarlo y continuar el proceso porque quedarse en el país es como someterse a una posible deportación que en el futuro le impida regresar más rápido.
Entonces, como te digo, cada caso es distinto.

Aaron:
Estamos conversando con la abogada de Migración Martha Arias y estamos viendo algunos casos en estas últimas horas, abogada. ¿Qué pasa si una persona es detenida por ICE? Pero esa persona ya tiene la solicitud de asilo, no tiene antecedentes criminales, tiene su permiso de trabajo activo. ¿Esto se considera una detención arbitraria? ¿Qué hace usted como abogada cuando se presenta un caso como este?

Abogada Martha Arias:
Cuando se presenta un caso como este, lo primero que uno tiene que pedir es una fianza para lograr que esa persona salga de detención y continuar su caso fuera de detención. Aquí hay que analizar porque hay personas que tienen el caso de asilo con la corte y otros que lo tienen con USCIS o con Citizenship and Immigration Services.
Entonces hay que analizar con quién lo tiene. Si el caso está con USCIS y los detienen y los mandan a la corte, es posible que entonces ese caso de asilo ya no continúe con USCIS sino que va a seguir con la corte. La verdad, cuando una persona entra por la frontera, si esa persona entró por la frontera, el estatuto dice que la persona que entra sin una admisión o sin un parol debe ser detenida. Entonces es posible que esa persona sea detenida mientras dura su proceso de asilo en la corte. Lo que pasa es que hay que tratar de pedir una fianza y le digo la verdad, no está fácil pedir fianzas, sobre todo aquí en el sur de la Florida, porque los fiscales, que son los que representan al Departamento de Seguridad Nacional y las Cortes de Inmigración, están oponiéndose a esas fianzas.
Y una de las cosas que yo he visto como se están oponiendo es que antes de eso le explico, cuando uno presenta una fianza para una persona que es detenida, la ley le exige al abogado probar dos cosas: uno, que la persona no va a ser un peligro para la comunidad y dos, que la persona no tiene riesgo de que se pierda o que se esconda y no se presente a la corte, en inglés se llama “risk of absconding”. Entonces nos toca probar esas dos cosas y ¿qué es lo que pasa cuando hay una persona que nunca ha tenido un delito, nunca ha sido arrestada, no tiene antecedentes? Obviamente nosotros argumentamos que no es un peligro para la sociedad porque no tiene ningún récord criminal. Y dos, cuando para probar que no se va a esconder uno muestra que tiene un esposo, que tiene dos hijos, esposa o que muestra el apoyo de su empleador o muestra lo que uno más puede.
¿Qué pasa en estos casos? Los argumentos que he visto últimamente que están haciendo los fiscales de inmigración es: “Ah, no, es que miramos la petición de asilo y la petición de asilo es muy débil. Ahí no hay evidencia, esta persona tiene una gran probabilidad de que no va a triunfar en su caso de asilo. Por lo tanto, un riesgo para tu país. Por lo tanto, esta persona sí presenta un riesgo de que se esconda y no se presente en el futuro.” O sea que esas personas que presentaron asilos débiles o simplemente la planilla así, como nosotros los abogados llamamos el “bare-bone petition”, o sea, lo esquelético, lo huesitos nomás, esa persona tiene un peligro de que no le den la fianza, diciendo que se va a esconder porque su petición de asilo es débil. Esos son los argumentos que estamos lidiando nosotros los abogados para lograr una fianza.
Si no se logra la fianza, entonces la persona debe continuar defendiendo su caso de asilo en la Corte de Inmigración bajo detención.

Eduardo:
Abogada Martha Arias, obviamente esta semana entró en vigor la restricción de entrada de viajes a Estados Unidos, esto digamos afecta directamente a países como Afganistán, Birmania, Chad, pero hay restricciones para Cuba, para Venezuela específicamente, son siete países que tienen restricciones de viaje. ¿Qué pasa con las personas que ya tenían un visado que les permitía entrar a Estados Unidos?

Abogada Martha Arias:
Las personas de Cuba y de Venezuela que ya tenían un visado pueden ingresar a los Estados Unidos si ese visado fue emitido antes de junio 9. No van a tener problema, de pronto es aconsejable que tengan toda la documentación al día y que pronto sepan que pueden experimentar retardos en el ingreso a los Estados Unidos, en su admisión, porque los cuestionarán y les harán preguntas, pero pueden ingresar. Los que tengan una visa de inmigrante o de no inmigrante, visa de inmigrante de la residencia, la visa emitida por los consulados o una visa de no inmigrante como la visa de turista, la visa de estudiante, la J, la M, que son de estudiantes, pero es práctico. Ellos tampoco van a poder ingresar si esa visa fue emitida después de junio 9.
En Haití la limitación sí es estricta. Ninguna persona con visa, incluso emitida antes, puede entrar. Entonces, el consejo sería que esperen a ver qué decisión porque si hay personas que tienen citas en los consulados para su residencia los próximos meses. Yo tengo, por ejemplo, un cubano que su esposa residente hizo la petición y tiene cita en dos meses en el consulado. Esa persona seguramente le van a cancelar sus citas según han anunciado porque como es cubano tiene la restricción de entrar, aunque le apruebe el cónsul la audiencia no va a poder entrar. La visa de residente. Entonces hay excepciones. Las excepciones son los que ya son residentes, ya tienen su tarjeta de “green card“. Esos sí van a poder viajar y volver a entrar sin problema, también aquellos esposos de o cónyuges de ciudadanos americanos.
Entonces, si por ejemplo hay un ciudadano que es americano, si a su cónyuge le toca la cita en dos meses, esa cita sí se va a dar y esa residencia sí puede ser emitida y la persona sí puede entrar. Los familiares inmediatos son los esposos de ciudadanos americanos, los padres de ciudadanos americanos y los hijos menores de 21 años. Esas personas van a poder entrar.

Eduardo:
Perfecto. Ahora, abogada, alguna persona que nos está escuchando en este momento y necesita asesoría de un abogado experto en inmigración, ¿dónde la puede localizar?

Abogada Martha Arias:
Mi oficina, el teléfono es 305-671-0018. Si van conduciendo, pues mi página web es ariasvilla.com. Ariasvilla.com o solo acuérdense de mi nombre Martha Arias con la intermedia estudio Martha y en todas las redes sociales me pueden encontrar Martha Arias.

Eduardo:
Muchísimas gracias por compartir este tiempo con nosotros.

Abogada Martha Arias:
Gracias a ustedes, feliz día.

Eduardo:
Igualmente, era la abogada de inmigración Martha Arias, estaba en Noticias 990.

ENGLISH TRANSLATION:

Eduardo:
Friends, let’s talk in this segment of Noticias 990 about immigration. We have invited immigration attorney Martha Arias, a specialist in immigration. Attorney Arias, good morning. Thank you for being with us. Thank you very much for answering our call. One of the immigration topics at this hour has to do with Humanitarian Parole. The administration, the government, has resumed the processing for beneficiaries of Parole. The Department of Immigration and Citizenship, USCIS, has lifted the suspension on applications for Humanitarian Parole that benefit Cubans, Haitians, Nicaraguans, and Venezuelans. What is the impact of this measure? What do you, immigration attorneys, expect to happen in the coming days?

Attorney Martha Arias:
Yes, indeed. Thank you, Eduardo. What is happening is that a judge ordered that the processing of those parole applications already submitted by people, which were in process when that humanitarian parole was ended by the new administration, should be resumed to reach a decision.
However, there is a request, for example, if the person is just going to apply for the I-134A, which is the affidavit of support presented by that sponsor, those applications will not be processed, the new ones. That is, applications that were already pending at the time the parole was ended—those are the ones, as I understand, that are going to begin or resume processing.

Aaron:
Can it be known how long it will take to process these applications, attorney?

Attorney Martha Arias:
No, we don’t know how long it will take. What the statement does say is that the regular investigation process will be followed because you know that each process has an investigation where criminal backgrounds are checked, all the person’s background is reviewed worldwide. So, we do not know how long it will be, but we do know they said there will be an investigation for each case.

Aaron:
Meanwhile, are these people protected, do they have to take any special measures, attorney, just in case?

Attorney Martha Arias:
Well, remember that these are processing of parole petitions for people who are outside the United States. This is humanitarian parole for them to enter the United States. So, these people are outside the country. Parole, that’s why it’s confusing. Humanitarian parole was ended by the Department of Homeland Security and was appealed, there was a pause. Then the Supreme Court on May 30 said that the president or the Executive did have the authority to end it and the trial continues. But what is the humanitarian parole itself for those who are already here inside the United States, even those that were expiring at the end of the year, next year, that is still ended. That’s why it’s confusing. It’s ended for those who are here, but then they are going to process the cases of those who are just coming in. For me, at least, it doesn’t make sense. Let’s suppose a Cuban or a Venezuelan is approved for this parole. So as soon as they enter, it’s already ended, as soon as they come in. So, it would only serve for the purpose of entering, but after once here it will not be active. For me, it seems contradictory. Everything is confusing because I don’t see the logic in this.

Eduardo:
Now, given this confusion, attorney, what happens to those you mention who are here inside, for whom parole is no longer active? Are there alternatives? What do you recommend in your office?

Attorney Martha Arias:
Well, every case is different. For example, I have clients who have a pending asylum case and they can continue with that asylum case. They will not incur unlawful presence because that asylum protects them from incurring unlawful presence; they have work permits. That is one group of people.
There is another group, for example, Cubans, who have already completed one year and a day or are about to complete one year and a day and can then apply for their residency through Cuban Adjustment.
There’s another group who have nothing—no asylum, no TPS from 2021 (which is the one that is current this September), no family petitions. Those are the people who are in danger because those people are indeed accruing unlawful presence and may be subject to detention and deportation.
Another group are those who married a U.S. citizen or resident and are in the process of residency through their petitions. Those are also protected by that pending residency petition.
So, as you see, cases are different depending on each person. In my office, for example, I advised, let me give you an example, a couple’s case. He entered with humanitarian parole, the wife is a resident, not a citizen, and she petitioned for him. The petition is about six months from being ready. That person decided intelligently to leave the country to avoid accruing unlawful presence and not damage his residency petition through his wife. That person is going to leave and continue with his consular processing. Maybe he’ll have to be away from his family for six months or a year, but the wife can travel to visit him and continue the process, because staying in the country is like submitting to a possible deportation that in the future would prevent him from returning more quickly.
So, as I say, every case is different.

Aaron:
We are speaking with immigration attorney Martha Arias and reviewing some recent cases, attorney. What happens if a person is detained by ICE, but they already have an asylum application, no criminal background, their work permit is active. Is this considered an arbitrary detention? What do you do as an attorney in such a case?

Attorney Martha Arias:
When a case like this comes up, the first thing you have to do is request a bond to get that person released from detention and continue their case outside detention. Here, you have to analyze because there are people who have their asylum case with the court and others with USCIS or with Citizenship and Immigration Services.
So you have to analyze who has it. If the case is with USCIS and they are detained and sent to court, it is possible that the asylum case will no longer continue with USCIS but instead with the court. The truth is, when someone enters through the border, if that person entered through the border, the statute says that a person who enters without an admission or parole must be detained. So it is possible that person will be detained while their asylum case is pending in court. The thing is, you have to try to request a bond, and honestly, it’s not easy to request bonds, especially here in South Florida, because prosecutors who represent the Department of Homeland Security in Immigration Courts are opposing those bonds.
One thing I’ve seen is before, let me explain, when you present a bond for a person who is detained, the law requires the attorney to prove two things: one, that the person will not be a danger to the community and two, that the person is not a flight risk (that is, risk of absconding). So, we have to prove those two things. What happens when a person has never had any criminal record, has never been arrested, no background? Obviously, we argue that they are not a danger to society because they have no criminal record. And to prove they will not abscond, you show they have a spouse, two children, a wife, or employer support, or whatever else you can.
What happens in these cases? The arguments I’ve seen lately from immigration prosecutors are, “No, we look at the asylum petition and the asylum petition is very weak. There’s no evidence, this person has a high probability of not succeeding in their asylum case. Therefore, a risk for your country. Therefore, this person does present a risk of absconding and not appearing in the future.” So, those who filed weak asylums or just the form, as we lawyers call “bare-bone petition,” only the skeleton, just the basics, those people are in danger of being denied bond because they say they will abscond because their asylum petition is weak. Those are the arguments we attorneys are dealing with to try to get a bond.
If the bond is not granted, then the person must continue defending their asylum case in Immigration Court while detained.

Eduardo:
Attorney Martha Arias, obviously this week travel restrictions to the United States came into effect, this directly affects countries like Afghanistan, Burma, Chad, but there are restrictions for Cuba, for Venezuela specifically, there are seven countries with travel restrictions. What happens to people who already had a visa that allowed them to enter the United States?

Attorney Martha Arias:
People from Cuba and Venezuela who already had a visa can enter the United States if that visa was issued before June 9. They will not have a problem, maybe it’s advisable to have all your documents in order and to know you may experience delays upon entering the United States, at admission, because they will question you and ask questions, but you can enter. Those with an immigrant or non-immigrant visa, immigrant visa for residency, visa issued by consulates, or a non-immigrant visa like tourist visa, student visa, J, M, which are for students, but practically, they also cannot enter if that visa was issued after June 9.
In Haiti, the limitation is strict. No one with a visa, even issued before, can enter. So, the advice would be to wait and see what decision is made because there are people with consular appointments for their residency in the coming months. For example, I have a Cuban client whose resident wife made a petition and has an appointment in two months at the consulate. That person, as announced, will surely have their appointment canceled because, as a Cuban, he is restricted from entering even if the consulate approves the interview; he will not be able to enter. The resident visa. So, there are exceptions. Exceptions are those who are already residents, already have their green card. They can travel and reenter without problem, also spouses of U.S. citizens.
So, for example, if someone is already a U.S. citizen and their spouse has an appointment in two months, that appointment will be held, that residency can be granted, and the person can enter. Immediate relatives are spouses of U.S. citizens, parents of U.S. citizens, and children under 21. Those will be able to enter.

Eduardo:
Perfect. Now, attorney, anyone listening right now who needs advice from an expert immigration attorney, where can they reach you?

Attorney Martha Arias:
My office, the phone number is 305-671-0018. If you’re driving, my website is ariasvilla.com. Ariasvilla, with a lowercase v, ariasvilla.com, or just remember my name Martha Arias with the middle name estudio Martha, and on all social networks you can find me as Martha Arias.

Eduardo:
Thank you very much for sharing this time with us.

Attorney Martha Arias:
Thank you, happy day.

Eduardo:
Likewise, that was immigration attorney Martha Arias, on Noticias 990.

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